A/HRC/47/38
discriminatory and timely access to maternal health care,77 mistreatment during childbirth78
and access to contraceptive information and services.79
40.
The Working Group denounces in the strongest terms the prosecution and
criminalization of women and girls accused of having abortions, including in situations of
miscarriages and stillbirths. The Working Group condemns reporting requirements that
contribute to a “hospital to prison pipeline” for women who have had or who are suspected
of having abortions and the criminalization of involvement in the performance of abortions,
which affects health-care workers, including midwives, especially in times of crisis when
institutional health services are not readily available.80
5.
Lack of support for feminist and women’s rights organizations and violence against
human rights defenders working in the area of sexual and reproductive health rights
41.
Feminist and women’s rights organizations working at the community level play a
vital role in ensuring the sexual and reproductive health rights of women and girls, especially
during a crisis. Many are directly involved in the provision of sexual and reproductive health
services and information, stepping in where public goods and services are no longer
unavailable. 81 States are required under international law to ensure that such groups are
supported in discharging their role and involved in the planning, implementation and
monitoring of crisis responses.82 The Working Group notes however that their expertise and
knowledge is often not taken into consideration. 83 Feminist leaders and organizations
working on the front lines are not systematically included in decision-making processes. In
addition, a recent assessment has revealed that, in situations of crisis, funding for women’s
rights is among the first things to be reduced.84
42.
The Working Group is deeply concerned that women human rights defenders are
targeted for violence and subjected to intimidation and retaliation because of their efforts to
ensure women’s sexual and reproductive health rights and for their demanding accountability
for pervasive sexual violence and feminicides.85
6.
Exclusion of women and girls from decision-making
43.
Without autonomy and control over their reproductive functions and roles, women
and girls continue to be subjugated in every sphere of life and are unable to realize their full
potential. They are effectively denied the ability to participate in public life and to provide
leadership. Legal restrictions on women’s and girls’ autonomy and their exclusion from
decision-making processes are compounded by the tendency during a crisis to promote a
certain image of women as mothers only and to essentialize their role through the use of
harmful and discriminatory stereotypes, which leads to the further exclusion of their concerns
and perspectives from the public policy discourse.86
77
78
79
80
81
82
83
84
85
86
12
See Da Silva Pimentel v. Brazil; and S.F.M. v. Spain (CEDAW/C/75/D/138/2018).
See CEDAW/C/IRL/CO/6-7.
See CEDAW/C/OP.8/PHL/1.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=25385; https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=25560; www.corteidh.or.cr/docs/tramite/manuela_y_otros.pdf; A/66/254; and
A/HRC/41/33.
See submission by Maat for Peace Development and Human Rights – Somalia and Ipas Pakistan.
See also Committee on the Elimination of Discrimination against Women, general recommendation
No. 24 (1999).
CARE, “Time for a better bargain”; African Commission on Human and Peoples’ Rights, “Study on
transitional justice and human and peoples’ rights in Africa”, 2019; and submission by Pathways for
Women’s Empowerment and Development.
Ibid.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=25833; https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=25447; https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=25372; and A/HRC/41/33.
Views expressed during the regional consultations; and submission by Latsi Nu Women Agency.
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